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6 Florida Divorce FAQs Answered

There’s a lot of questions surrounding divorce. In an effort to help you answer your questions we’ve pulled together six frequently asked questions about divorce in the state of Florida.

FAQ #1: How long do you have to reside in Florida to file for divorce here?

To file for divorce in Florida, one of the parties to the marriage must reside in the state for six months before the filing of the petition. Fla. Stat. § 61.021.

FAQ #2: Is Florida a No-Fault Divorce state?

Florida is a no-fault state.  You may be granted a divorce if your marriage is “irretrievably broken”, or if one of the parties has been declared mentally incapacitated by a judge at least 3 years before filing for divorce. Fla. Stat. § 61.052.

FAQ #3: Can you be ordered to pay alimony in Florida?

Fla. Stat § 61.08 permits a judge to order four kinds of alimony, bridge-the-gap alimony, rehabilitative alimony, durational alimony, and permanent alimony. The first three are time-limited. While permanent alimony may be granted, it is less usual.

FAQ #4: Who will get custody of our child?

The Florida legislature has replaced the term “custody” with the term “parental responsibility”. Both parents must share responsibility and adhere to a parental responsibility plan either by order of the court or by agreement. Only in extreme cases will a parent be excluded from time-sharing. The court, whether fashioning or approving a plan, must consider the best interests of the children. The statute lists several factors enumerated in Fla. State. §61.13 that the judge must consider.

FAQ #5: How does child support work with shared responsibility in Florida?

Florida employs a Child Support Guidelines Worksheet, which is dependent on the parties’ income, percentage time-sharing (only overnights are used for purposes of establishing the percentages), health insurance, and costs of daycare and uncovered medical expenses. As the payor’s percentage of time-sharing increases, the less he or she will pay in child support under Fla. Stat. § 61.30.

FAQ #6: Is Florida a community property state?

Florida is not a community property state. Florida is an equitable distribution state, and marital property is divided equitably or fairly between divorcing spouses. Fla. Stat. § 61.075 list several factors for the court to consider in determining a fair and appropriate division of property.

If you have questions about divorce, we are here to help, offering over the phone, in-person and virtual consultations.

With over 30 years of combined experience, Jason Brodie Esq. and Joshua Friedman Esq. will guide you toward realistic goals and provide committed advocacy toward achieving them. They are known throughout South Florida for dedicated client service, tenacity, and success in complex divorce litigation involving property division, child custody, and spousal support. 

To get a better understanding of the qualities our reputation is built on, contact our office in Boca Raton to schedule your initial phone consultation (561) 392-5100.

reputation is built on, contact our office in Boca Raton to schedule your initial phone consultation (561) 392-5100.

With over 30 years of combined experience, Jason Brodie Esq. and Joshua Friedman Esq. will guide you toward realistic goals and provide committed advocacy toward achieving them. They are known throughout South Florida for dedicated client service, tenacity, and success in complex divorce litigation involving property division, child custody, and spousal support. 

To get a better understanding of the qualities our reputation is built on, contact our office in Boca Raton to schedule your initial phone consultation (561) 392-5100